How to Sue Your Attorney for Malpractice

To pursue an attorney's negligence, you must to show that the breach resulted in negative financial, legal or other implications for you. You must establish that there is a direct link between the attorney's negligence and the negative results.

Legal malpractice does not cover issues of strategy. However, if you lose a case because your lawyer did not file the lawsuit in time This could be considered to be the result of malpractice.

The misuse of funds

One of the most frequent types of legal malpractice is the misuse by a lawyer of funds. Attorneys are bound by a fiduciary duty to their clients and must act with integrity and fidelity when handling funds or other property the client has trusted them with.

If a client pays their retainer the lawyer is obligated by law to keep that money in an fund for escrow that is exclusively intended for the specific case. If the lawyer uses the escrow fund for personal purposes or co-mingles it with their own funds, they are in violation of their fiduciary duty and could be accused of legal malpractice.

For example, imagine that a client hires their attorney to represent them in the case of a driver who hit them while they were walking along the street. The client has proof that the driver was negligent and is able to prove that the collision caused their injuries. Their lawyer, however, misses the statute and is unable to file the case in time. The lawsuit is dismissed, and the person who was injured is liable for financial loss as a result of the lawyer's mistake.

The time for suing an attorney for malpractice attorney is limited by a statute that limits the time for suing that can be difficult to determine in cases where an injury or malpractice lawsuit loss occurred as the result of the attorney's negligence. A New York attorney who is proficient in malpractice law can explain the statute of limitations and help you determine if you have a case that is eligible for an action.

Failure to Follow the Rules of Professional Conduct

Legal malpractice is when a lawyer does not adhere to generally accepted professional standards and causes harm to the client. It is a requirement of the four elements of the most common torts: an attorney-client relationship, a duty, breach and the proximate cause.

Some examples of malpractice are the lawyer mixing personal and trust funds, failing to timely to file suit within the statutes of limitations, taking cases where they are not competent, failing to carry out an examination of conflicts and not being up-to the latest court proceedings, or any new developments in law that could impact the case. Lawyers are required to communicate with their clients in a timely manner. This does not only include email and faxing and also includes returning telephone calls promptly.

It is also possible for attorneys to engage in fraud. This can occur in various ways, including lying to the client or anyone else involved in the case. It is essential to understand the facts in order to determine if the attorney is dishonest. It's also a violation of the attorney-client contract when an attorney accepts an assignment that is not within the scope of their expertise and does not inform the client of this or suggest they seek out separate counsel.

Inability to inform

When a client hires an attorney, it implies that their legal issues have been beyond their expertise and knowledge. They are unable to solve the problem themselves. It is the lawyer's duty to inform clients of the benefits of a case in addition to the costs and risk involved and their rights. When an attorney fails to perform this, they could be guilty of malpractice law firm.

Many legal malpractice claims stem from of poor communication between lawyers, and their clients. For example attorneys may not return calls or fail to inform their clients of a decision made on their behalf. An attorney could not also communicate vital information regarding a case or fail to inform clients of problems with the transaction.

It is possible to sue an attorney for malpractice, but a client must prove that they were able to recover financial losses as a result of the negligence of the lawyer. The losses must be documented, which will require evidence like client files emails, correspondence between the attorney and the client, along with bills. In the case of fraud or theft, an expert witness may be required to review the case.

Inability to Follow the Law

Attorneys must adhere to the law and know the law's implications for specific situations. They could be found guilty of misconduct if they do not. Examples include mixing client funds with their own, or using settlement proceeds for personal expenses, and failing to perform basic due diligence.

Other instances of legal malpractice include failure to file a suit within the statute of limitation or missing deadlines for filing with the court and not complying with the Rules of Professional Conduct. Attorneys must disclose any conflicts of interests. This means that they have to inform clients of any personal or financial interests that could affect their decision-making process when representing them.

Attorneys are also required to follow the instructions of their clients. If a client asks them to take a specific action an attorney must follow the instructions unless there is an obvious reason why it is not beneficial or possible.

To win a malpractice lawsuit the plaintiff must prove that the lawyer has violated his duty of care. This can be difficult, since it requires proof that the defendant's actions or inaction resulted in damages. It's also not enough to show that the result of the negligence of the attorney was detrimental and for Malpractice Lawsuit a malpractice case to succeed, it must be shown that there is a high likelihood that the plaintiff could have won the case when the defendant had acted in accordance with standard practice.